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Strategy Formulation and Implementation
Strategy Formulation and Implementation of ‘Reparation Mechanisms’ Between India and the GCC countries
25 January, 2013 Overseas Indians’ Legal Cell
[The sealing of the MOA (Memorandum of Agreement) and MOU (Memorandum of Understanding) with regards to the Strategy Formulation and Implementation of a Mutual Reparation Mechanism Between India and the GCC (Gulf Cooperation Council) countries to help the migrants and their families to live with dignity]
Human Rights Law and Protection Mechanisms
Human rights are universal and inalienable. They are the foundation of freedom, justice and peace, and are the basic standards without which people cannot live a life of dignity. Although human rights are theoretically universal and inherent they can be denied through violations in practice. People are often unable to enjoy their human rights because of who they are, and where they live. Discrimination is an abuse which prevents people from enjoying their basic human rights, and thus undermining the very concept of a universal right.
Global Practice of ‘Human Rights Protection Mechanisms’
The United Nations is an international organization founded in 1945. All Member States of United Nations (UN) have an obligation to promote and protect Human Rights and fundamental freedoms as stated (in Articles 55 and 56) in the Charter of the United Nations. Since the establishment of United Nations, a wide range of Human Rights instruments have been developed in different regions of the world to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. An excerpt from the 'Charter of the Organization of American States' signed in 1948, it reads: "Work is a right and a social duty, it gives dignity to the one who performs it, and it should be performed under conditions, including a system of fair wages, that ensure life, health, and a decent standard of living for the worker and his family, both during his working years and in his old age, or when any circumstance deprives him of the possibility of working" (Article 45/b)
Indo-Gulf Existing Policy
Unlike all other regions, the establishment of regional inter-governmental Human Rights mechanisms, to date, a mechanism to enable individuals to seek redress, has not been created between India and its neighbouring countries. While considering all of the above inter-state mechanisms, those established in Europe, America, and Africa, we have to accept a shameful fact, that India is two generations behind of the European Union (EU) Human Rights Charter, of which adopted in 1950; as well as the Inter-American Chapter for Human and Peoplesâ€™ Rights in 1948.
The International law is fairly clear that the governments have a duty of ratifying human rights treaties and mechanisms, focused on the recognition of victimsâ€™ rights and dignity; their protection and promotion is the first responsibility of States, in doing so, commit to meeting certain human rights obligations of the states.
According to the annual report 2006-Â¬07 of Ministry of Overseas Indian Affairs (MOIA), the overseas Indian community estimated at over 25 million across the globe and relatively higher concentration, above 5.5 million Indian workers, among in the GCC (Gulf Co-operation Council) Countries. For the past many decades there were hundreds of thousands Indian, who have been turned victims of various atrocities in the GCC, unlike in other parts of the world. In spite of all the odds, India and GCC countries are still lacking neither a regional inter-governmental Human Rights mechanism nor a procedure entrenching those rights, to enable individuals to seek redress.
The Government of India has a definite responsibility to help and protect its citizens toiling abroad to have a living for themselves and their families and whose remittances build up $70 billion (World Bank, the top recipient of officially recorded remittances for 2012 is India) of US Dollars of the precious foreign exchange to India. In the absence of an effective Reparation Mechanism, the intolerable sufferings of Indians working in the Gulf countries will continue unabated.
Need for establishing a viable Indo-Gulf Reparation Mechanism
Strategy Formulation and Implementation of a Mutual Reparation Mechanism Between the Government of India and the GCC (Gulf Cooperation Council) countries, mandating our elected representatives and officials to eliminate discrimination and imbalances of Non-resident Indians (NRIs) working in different countries. This also involves the recognition and protection of the dignity and respect of individuals.
Invest in a Judgment
Prospects:- International human rights treaties and instruments provide that victims of international crimes have the right to seek and obtain effective remedies for the violation of their rights. In honouring the victimsâ€™ right to benefit from remedies and reparation, the international community keeps faith with the plight of victims, survivors and future human generations and reaffirms international law in the field...International Courts and Tribunals
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